How to identify patent appearance infringement

Legal analysis: There are three steps in judging patent appearance infringement: 1. To determine the scope of protection of the patent right for design, the products patented for design in the pictures or photos submitted by the patentee for design to the Patent Office shall prevail, including front view, top view and side view. 2. Determine whether the patented product of design and the infringing product belong to the same or similar goods. Compare the patented product of design with the accused infringing product.

That is to say, from the perspective of ordinary consumers, the design of patented products and the design of accused infringing products are observed and judged as a whole.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 59 A unit or individual that applies for compulsory license in accordance with the provisions of Article 53, paragraph 1 and Article 56 of this Law shall provide evidence to prove that it requested the patentee to license it to exploit the patent under reasonable conditions, but failed to obtain the license within a reasonable time.

Article 61 A unit or individual that has obtained a compulsory license for exploitation does not enjoy the exclusive right of exploitation, and has no right to allow others to exploit it.